Prevention pillar of anti-money laundering regime in Russia in the context of global AML standards

by Subbotina, Natalya

Abstract (Summary)

The paper examines the approach taken by Russian government to control money laundering by creating the preventive framework which has undergone significant changes over the past six years. With respect to the prevention of money laundering, the discussion involves a review of international standards and norms which constitute the global AML regime. Recognizing the need for adding the domestic dimension to the studies of international regimes with the help of two-level game theory, the paper further analyzes the preventive pillar of the domestic AML regime in Russia in comparison with the global standards. It concludes that the federal law, which is the cornerstone of the domestic AML regime, as well as institutional framework created in Russia, both formally comply with the international norms.The analyses of the practical implementation of the AML legislation in the financial institutions focus on legislative base for the regulated, behavioral patterns of the banks in the AML prevention, and the conflicts and debates, lately emerged within the domestic AML regime. This paper aims to show how new regulations have influenced both domestic AML regime and its main actors. The paper concludes that the existent domestic regime lacks interaction and communication between its actors which leads to the breach of the main principle and goal of a regime – cooperation.The paper argues that the representatives of banking community in Russia could play the role of epistemic community proposed by the cognitive theory of international regimes. Given the functions of epistemic community it could foster better understanding of the context and purposes of the AML regime, thus, decreasing uncertainty and facilitating cooperation between the parties. The paper will conclude with the recommendations on the future research about how risk-based approach to banking regulation of the AML prevention rather than traditional rule-based compliance method can be effective.